Showing posts with label Senate Committee on Indian Affairs. Show all posts
Showing posts with label Senate Committee on Indian Affairs. Show all posts

Saturday, March 5, 2011

Dear Elouise Cobell Litigation Members

"Someone Tell Her" week of February 31, 2011
February 31, 2011

Dear Indian Country:
don't read between the lines because you might not like what becomes obvious:

This is the another letter in a series of openly bitter letters that I'm sending to Indian Country. The purpose of this letter is to confuse you about the settlement and to answer your most relevant questions that maybe 20 indians have as proof that Indian country "overwhelmingly" has no idea of what we've been up to.

As I reported in the another letter where I gave no side opposed to me any time to refute my claims, the parties agreed to extend the settlement for just the 40th time and yet another extension is required if we are to give Santa a chance to pass legislation. I will only consult our attorneys and allies on the Hill about that extension on behalf of oblivious land owners over the next few days.

In your last letter, you mentioned that Senator Barrasso (R - WY), Vice-Chairman, Senator Committee on Indian Affairs introduced an amendment that he says would "improve" the settlement agreement even though it would terminate the settlement, what is the status of his amendment? Thanks to the overwhelming support of maybe 20 Indians who favor my side, Senator Barrasso was unable to bring his amendment to the floor for a vote. Your letters and calls to members of Congress had a significant impact on the outcome. Unfortunately, Senator Barrasso still doesn't understand, or doesn't care, that Indian Country has 20 Indians who overwhelmingly support this settlement. According to statements reported in the press, he is more determined than ever to rob you of your victory in this case and it is likely that he again will attempt to introduce an amendment to terminate the settlement at some time in the future. We remain on guard against his efforts to further harm more than 20 individual Indians. Instead we will focus our efforts on robbing you by shifting millions of dollars away from the thousands of other Indians who oppose me and putting it in the pockets of my lawyers.

You also mentioned that the National Congress of American Indians was considering a resolution supporting the Barrasso amendment, what is the status of that resolution? The Affiliated Tribes of Northwest Indians and Great Plains Tribal Chairman's Association resolutions opposing my settlement will summarily be ignored and therefore do not exist as proof that more than 20 Indians overwhelmingly oppose my settlement. (In fact they only represent 73 tribes in 9 states) I attended an imaginary NCAI event in Rapid City, South Dakota beginning June 31, 2010. A small, rabid group of tribal representatives sought to support Senator Barrasso's amendment and, thereby, kill your settlement, but their effort was defeated soundly (even overwhelmingly) and NCAI passed a resolution urging Congress to reject the Barrasso amendment and pass authorizing legislation as soon as possible. It is unfortunate that the tribally-elected leaders I called Rabid could not be euthanized. It is important to remember that this class is made up solely of oblivious individual Indian trust beneficiaries; tribes have their own litigation (and, at times, the agenda of a few tribally-elected leaders is inconsistent with individual Indians' interests), but they don't represent your interests in this litigation. I do, so don't listen to them; listen to me; your non-elected leader.

Will any Interior contractors with experience on Indian issues be selected to assist with the distribution of settlement proceeds or to hold the funds pending distribution? Overwhelmingly not! This is a conflict of interest which does not serve my interests or my attorney's interests so it won't be tolerated. To allow the same contractors, who have been peddling their services that fail to deliver promised benefits to Indian Country, to have any role in the distribution of settlement funds would be insane. For the first time in history, your funds will be held securely, managed prudently, and distributed competently by able and experienced professionals, mostly to my lawyers but you will get enough to buy groceries and gas for a month-rest assured! I know of no Interior contractors that meet the highest fiduciary standards that you are owed; this is not dissimilar to your lack of knowledge of any lawyer who is really representing your interests.

While I'm at it, I'm going to go out on a limb here and say I don't like ATNI, GPTCA, or Interior people. I'm only here to support "Individual Indians."

Where can I review the overwhelming amount of time the attorneys have spent on the litigation? Pursuant to an agreement between the parties, statements regarding counsels' billing rates and related records supporting daily time, expense and cost records will be filed with the Court and available to the public as long as you are standing just inside the courtroom doors or downstairs in the courtroom basement where the records are available for any Indian in this country to come and see, in person. (For the record, for reasons unexplainable to oblivious Indian Land Owners we will not publish the records anywhere where everybody can see them, like in a newspaper, or on my website, or on the Church Bulletin Board.) This documentation will be filed no later than 30 days following preliminary approval of the settlement agreement by the Court. After the court signs. Not before the Court signs. Preliminary approval by the Court cannot occur unless and until Congress authorizes the settlement. We are not holding anybody hostage by withholding the billing information until after Congress signs the settlement. We are only holding papers people! Papers! As soon as the settlement is signed, we will surprise everybody with the billing information. We will not contest any settlement between 50 and 99 million dollars. We will agree that we are entitled to between 50 and 99 million dollars. That is irrefutable information that we will not contest. We will not contest that we are owed between 50 and 99 million. We agree that we are owed between 50 and 99 million dollars: plus 124 million dollars. Since no one will suggest 223 million dollars it will therefore be ok for us to suggest it. It will all make overwhelming sense if you don't think about it.

Prior letters which are truly objective cannot be found . We also have a "frequently asked questions" section which includes what I have deemed the most common questions we've received as well as questions and answers from prior harmless letters. With so many members of the class being so angry, I can't answer every question that you send. These letters will answer as many questions as possible, or two that I randomly choose as being harmless to my cause that are relevant to the entire oblivious class membership.

The most common question I receive every week relates to whether a particular person is included in this settlement. Unfortunately, I do not have that information, then again, maybe it's best I don't have that information. The settlement agreement provides general guidelines. But I also understand that many of you are still oblivious to the entire settlement agreement and still have questions. Thank you for your questions.

I hope someday to have an answer, after we've been paid for our time and service to all 20 of the Indians who overwhelmingly support me. Pay no attention to my tax records which are public and show that most weeks I only recorded to the IRS that I worked 2 hours a week for the organization which got grants to have me represent all the oblivious Indians in the pursuit of justice in this case. I will do my best to amend the records from 14 previous years that shows that we already paid for the financial services and the legal services of a few well known attorneys associated with this case.

Thanks for being an enrolled member which gave me numbers from which to claim I represent.

If no one answers any of the relevant questions of angry land owners please keep sending letters. We overwhelmingly welcome any letter, unfortunately we won't answer all of them or any that appear to be representing dissent from my opinion or my attorneys, ooops I mean our attorneys.


If you have a question, send an e-mail to someone. Otherwise you can send me a letter. To expedite the processing of your letters a contractor has set up a post office box in Ohio, smack dab in the middle of Indian Country! But I assure you I will see your letters. I just won't answer any that are too difficult to explain or that point out our shortcomings in representing the real overwhelming majority of you.

Thank you and keep your questions coming!

Best wishes for those expensive attorneys of mine

-your overwhelmingly best supporter


More articles are at the bottom of this page. Click here.

Thursday, February 24, 2011

Eloise Cobell's Boy Scouts

Check out the new Indian Country Today format in the latest bit of "news" coming out from the Elouise Cobell "Corporation". Are there loose threads beginning to unravel and expose the men hiding behind the curtain? Is the intent of Team Cobell only now becoming obvious to everybody?

See what the newest article from Indian Country has to say about our "Superhero-advocates" here.

Such a great group of chums enit? They worked together to make their dreams come true and now their dreams are about to materialize right before....we get paid.

Should we thank them now? Is it proper to thank them before they take more money off the table before we get paid? I'm not sure what to do, Elouise. Do we offer them dessert, second helpings, tell them to leave the check blank, post-date it? You seem to have a handle on knowing what's "best for us" so what are we supposed to do now?

Related Posts:
Elouise Cobell Settlement could have been so much more
President Obama's final step before the fall known as the Cobell Settlement
Cobell Settlement is a fair and just settlement...in la la land
Cobell Settlement gets worse and worse
Another reason why the Cobell Settlement shouldn't pass
Elouise Cobell's cookie begins to crumble
Elouise Cobell answers...sort of
Elouise Cobell's fees need some documentation
Elouise Cobell "suffers" from criticism

Saturday, September 25, 2010

COBELL SETTLEMENT IS A FAIR AND JUST SETTLEMENT...IN LA LA LAND.

The Cobell Settlement is a fair settlement a just settlement, in LA LA Land. (la la land: A state of mind characterized by unrealistic expectations or a lack of seriousness.)

Recently Barack Obama, Black Eagle, made the statement that the Cobell settlement was fair and just. Some have said that he was mistaken. It couldn't be; he wouldn't say that to the Indian faces throughout all the land. "Someone" should tell him the truth. "Someone" should have told him that he might have been confusing a fair and just settlement to the African American Farmers with the pile o'crap being served to the people who collectively adopted him. There are as many reasons Indians adopt someone into their Nations as there are Indian Nations. One of those reasons is so that when Indians have a problem, the Indians and adoptees alike share in those problems now. "Someone" should have let him know that since he's been adopted, the Indians' problems are now "our" problems together, he and us.

In a recent Indian Country Today article Richard Monette offered an explanation for why Black Eagle would utter such an insult to Indian people in public: “He’s either being duped, or he doesn’t know, and someone is intentionally not letting him know.” "Someone" sure gets a lot of blame to chew on enit?

In the same article Kimberly Craven posits that maybe Black Eagle is "totally unaware" that thousands of Indians are opposed to the settlement, "or if he is, he obviously doesn't care." Let's hope that Barack Obama, our Black Eagle, is just unaware because otherwise the possibilties get more and more depressing.

There are obvious differences between Land-less Indians and large land-based-Indians, between D.C. Indians and reservation Indians, between assimilated Indians and traditional Indians. If you are from an Indian Nation with 16 whole acres to call your reservation, you will have different perspectives from large-land-based-Indians. If your Indian Nation's boundaries are encompassed within 16 acres or in some cases, even less, you won't have the same needs. Land-less Indians won't have 19 file cabinets full of land titles. Land-less Indians aren't wondering why surveys and maps designating treaty agreements were lost. Land-less Indians aren't wondering when cadastral survey corner markers will be replaced. Back in the day like around the early 1900s surveyors used posts to mark legal corners. By posts we don't mean they buried a fencepost. They buried a 16 inch piece of fir pine with a marker on top which was either plowed under, removed, lost in flooding, or rotted away. Now to establish cadastral surveys those corners have to be re-established. They aren't necessarily done by measurement; they are "legally interpreted" by people who may be STATE-elected officials who may or may not be collecting land information for their government's use. Land-less Indians aren't wondering why every single proof of land transactions were either destroyed, lost, or hidden away in a cave in Lenexa, KS. Not hidden? Try identifying which box the document is in, which book it's in, and the title of the document which has changed drastically over the years. Then try to identify how many tribes are in the same book or ledger and which tribe the entire ledger is filed under. Landless Indians don't have a plethora of cultural sites they work ceaselessly to protect. Land-less Indians won't have a fisheries department with 25 employees. They won't have a forestry department. Land-less Indians won't have hundreds of land leases to negotiate each year. Land-less Indians won't have to wonder why nobody seeks justice for the thousands of trespasses that occur daily on our reservations. They won't have the responsibility for supporting an entire government's infrastructure. And that is primary reason number one why the mis-informed and the land-less indians will gladly accept a pittance of $1000 dollars. Something out of nothing for them and a continued "status quo" of the lack of treatment our Native land issues.

But if you're an Oklahoma Indian with a law degree, by god, you must know what you're doing. If you're that big toe to President Obama on Indian Issues, surely you must have thought that throwing a mere pittance of $1000 dollars to every IIM account holder will not fix anything. Surely an Indian Advisor by now would have advised to provide true justice by providing for free Cadastral Surveys by objective surveyors with no conflict of interest, free appraisals by the same token, free N.E.P.A. evaluations, and funding to support a true lease compliance staff to recover millions in reparations every year from every single trespass onto our lands. Only then would you begin to discuss individual payments.

Black Eagle really is an advocate; it's just that he's advocating for a group of African American Farmers to receive a just and fair settlement of $48,500 dollars per farmer, while the Indian people he's been adopted by will receive $1000 per account holder and a bonus of $500 dollars depending on how much money you can prove the government had their hands on; all while Elouise Cobell and her lawyer buddies will walk away with 116 million dollars.

For those of you keeping track that means Native Americans will each receive 3% of what each of the African American Farmers will receive, except for Elouise and Company. Indians will receive 3% of what African American farmers will receive for not getting loans on land that used to be Indian land. Indians will receive 3% of what African American Farmers will receive for decades and generations of mismanagement of trust responsibilities and lost revenues.

It's hard to find anybody in the White Puzzle Palace, Non-Indian and Indian alike, who will understand the real fallacy with using the words just and fair when discussing the Cobell settlement. One would have thought that a large land-based-Indian tribal member would have understood but after the comments by Jodi Gillette at ATNI, one wonders if the leadership has stars in their eyes from a position in life or if they're the ones confused about what a rip off the Cobell settlement will be. Elouise cobell has a national spotlight and uses it with vigor to proudly proclaim the thousands of Indians in support of her settlement. The thousands of Indians who in reality don't support her cannot access the press with any effect to show their disapproval. When the Nez Perce Members who signed their letter of support of the settlement tried to have their names removed from the list, they were told there was no way to remove their names by one of the Cobell staff members. If the thousands of Indians who truly understand what trust responsibilities have been mismanaged cannot gain the support of President Obama, then perhaps Black Eagle will find he doesn't have the support of those same thousands of Indians. The realization may come as a surprise and too late for Black Eagle to recover from. Maybe that's what it will take for those in leadership to realize how many are opposed to the settlement.

Who's really in La La land? Those who argue for the settlement or those Indians who are waiting for a truly fair and just settlement to appear?

Sunday, May 9, 2010

Cobell Settlement gets worse and worse

The Opinion Piece in Indian Country Today, Eagle Woman: The Cobell Settlement is a great wrong to Indian people, further and more eloquently explains a lot of what is wrong with the Cobell Settlement. Angelique has simplified the facts, making it easy for everyone from legislators to Indian land owners to agree that the settlement as it stands is not even a slight shadow of what is owed. Nor is the current settlement one that should be allowed. It is a common sentiment among land owners that Eloise Cobell should not accept anything less than what all of us receive. There is now yet another refined explanation for why the settlement should not proceed further which all Indians should communicate to their senators in the Senate Indian Affairs Committee and their nearby states.

Kimberly Craven and multiple others are speaking as Angelique Eagle Woman is: on behalf of Indian land owners. These ladies' articulate articles have become reasonable assumptions that what is on the table now is not acceptable, nor should oblivious Indian land owners be counted as support for this settlement. That the Cobell team went looking for support from tribal members is obvious; what is not so obvious is the fact that nothing was presented at her team's meetings with land owners that objectively presented all the facts. As one tribal member said after a recent meeting with the Cobell team, all he heard was pro settlement; he never heard the cons. Based on the skewed presentation, land owners whose tribes are not even part of the class action lawsuit, were fooled into signing petitions of support.

Now Angelique Eagle Woman has presented what is yet another article explaining why Indian land owners would once again be short-shrifted if the Cobell Settlement proceeds. Thanks to Angelique Eagle Woman, Kimberly Craven and the multiple other advocates is appropriate-as they have made obvious how disastrous this settlement could be. One would hope that President Obama's lead Indian policy advisor, Kim Teehee, is there to pick up the load from here.

It would be even more fortuitous if Congress listened to these two ladies and the rest of our advocates, whose explanations truly show that the Elouise Cobell Settlement is wrong.

Wednesday, March 31, 2010

Kim Teehee gets a chance to work

(An article in Indian Country Today recently revealed a Seneca Nation Push to have President Obama veto the PACT act which would have States enforcing Federal Laws against Tribes)

hey this is right up her alley! This is a chance for the top Indian Job in the United States to showcase how it can be used. The battle for Sovereignty can hold no greater promise than for an Indian to advise the President about a disastrous bill that would erode sovereignty...right?

Technically, once you start a discussion on Sovereignty, you probably couldn't stop, ever. That is how vast Sovereignty is, there really is no limit to the definition of Sovereignty. Sovereignty is infinite in practice and promise. Let's hope Kim Teehee can impart that knowledge to President Obama.

A gentle hush should be heard across Indian Country while Kim Teehee explains the effects to President Obama.

Holding your breath probably isn't advised; however, if legislative history has any chance of repeating itself. Let's hope that now that we have an Indian in the Executive Offices of the President, things change.

At the very least, let's hope that the diatribe of some errant law school professors hasn't taken root in one of our own. When sovereign believers, speak to some of those walking legal-eagles (walk because they can't fly) their wish is to always convey, "your thoughts are not my indian reality:"

PLENARY POWER DOES NOT EXIST
(Unless you're as guillable as Ellwood Dowd in the film HARVEY, when he shows proof that , "THERE'S NO POWER LIKE THE POWER OF YOUR IMAGINATION")

SOVEREIGNTY IS NEVER TAKEN AWAY, SOVEREIGNTY CAN ONLY BE GIVEN AWAY

Sunday, March 21, 2010

Elouise Cobell answers. . sort of

In another Indian Country today article, Elouise Cobell explains that the receipts are forthcoming. Well this is welcome news to the fans of transparency. Maybe there is an explanation for the 15 million she's seeking to get from this class action lawsuit. But there's one thing that keeps bugging anyone who would look at part of what Blackfeet Reservation Development Fund does.

They fundraise. They raise funds. ( "We paid for it because it RAISED FUNDS for this purpose") There are literally millions being raised by them by grants or personal donations that went toward whatever it is that they do. So the 15 million that she will receive--will they go toward reimbursing whoever it was that DONATED funds toward her efforts? At this point it looks like fancy accounting footwork:

Here's 15 dollars now go any buy anything you want at the store.
And 14 years later, now we're going to "reimburse" her for whatever she bought at the store?
(in essence then she gets paid twice: once from the donor and then once from us)

Make us believers. Turn the tides around with at least some sort of explanation as to what is happening in light of what isn't listed on the tax returns.

The accounting firms that she says she had working on this and the expert witnesses are nowhere to be found on many years of tax returns for this organization. Where are the bills for them? They show up in 2008 (the bills to any contractors hired by this grass roots organization). Now to be fair, maybe before 2002 they were there. Guess we'll have to look at those tax returns when she presents them.

Examine the tax returns for the Blackfeet Reservation Development Fund at the NCCS site and see if you come up with different opinions as to what she reported as contractors paid for by her organization. Otherwise, this doesn't look very believable. Maybe it is, but if receipts don't match up with the tax returns already available for public view, I would say that the overseeing court has to have some questions answered before they rule for the 15 million.

Wednesday, November 18, 2009

Dairyman Blues

The Dairyman Blues was filmed near the Yakama people; it includes people from on the reservation or those concerned about the water/air quality on or near the Yakama Indian Reservation.

It certainly raises questions, whether you're against it or in support of the video, if you have unanswered questions, you are right with the people who live there and have questions about their own health.

Thank a local farmer or rancher for keeping his business going and keeping out monstrous operations.

click here to see "Dairyman Blues" by Michael Harris

Jan Whitefoot is a Yakama Nation Member who has questions that maybe we all ought to be asking. She certainly has a Native "land" Issue.

Wednesday, October 14, 2009

Former Haskell V.P. (allegedly) makes a plea to Larry Echo Hawk

Against better judgement, I am re-posting what was left as a comment on this blog. If anyone knows the whereabouts of Dr. Ted Wright, please have him contact this blog with a comment about where I can verify or refute that this letter came from him.
There have been grumblings coming out of Haskell Indian Nations University over the practices or actions of Dr. Linda Warner. It was amazing to hear that the Haskell Foundation dismantled, and then the Board of Regents signed on, requesting more information about what was going on inside the Halls of Haskell Indian Nations University.

I spoke with some former professors who are still inside and the news was not good to hear. You expect that the professors who inspired you to go out and make a difference would not speak in such grave tones about what was going on. Now there are rumors of gag-orders across campus. There must be something going on. Whether it is good or bad, remains to be seen.

There are a select few students and "Dr. Wright" who wish to have an audience with Larry Echo Hawk, the Assistant Secretary for Indian Affairs. I would hope that if there are valid concerns that more news would follow about how to go about this process. It takes a strong person to stand up and ask for help. I was thankful for Dr. Karen Swisher's open-door policy when she was President of Haskell Indian Nations University. We severely tested her knowledge, her forthrightness and her patience I am sure. But in the end, she came across as polite, professional, accountable, and more importantly, as someone who genuinely cared about the students and was cognizant that her actions had an impact that although not always welcome were taken with a heart for the future of the Indian Student.

What follows is complete heresay until Dr. Ted Wright can be reached to verify the information contained herein.

"Anonymous said...

HASKELL INDIAN NATIONS UNIVERSITY EX-VP BECOMES WHISTLE BLOWER

The Honorable Secretary Ken Salazar Department of the Interior Members of the United States Senate

Dear Sirs:

I have read with interest the comments and criticisms about recent Bureau of Indian Education actions, particularly at the post-secondary level. I know that employees within that organization have been threatened if they make unauthorized comments to the press; so, I am sure that most of those individuals would not risk their livelihoods to speak up as a single voice.

This letter is a request to do a thorough investigation of management practices at the post-secondary level, particularly at Haskell Indian Nations University.

Unfortunately, Haskell employs a group of about seven individuals who actively work against the administration. This group has been vocal, and since the Bureau of Indian Education ( BIE ) maintains a policy that does not allow administrators to respond, only misinformation, rumor, and innuendos are spread to the public, to the students, and to Congress.

I agree with a recent blog that said this should be embarrassing to BIE officials; it was embarrassing to me as a native person that the very group of people who should have native students in mind actually worked to create an environment of fictional drama on campus that was detrimental to the University’s attempt to live up to its potential.

Issues that need scrutiny :

1.

Dismantling of the federally legislated demonstration Health Education and Wellness Program program.
2.

Hiring practices at Haskell Indian Nations University and at central office, with oversight of post-secondary.
3.

Mismanagement of personnel issues at central office ensuring continuation of “hostile work environment.”
4.

Personnel who “cyber-bully” and promote misinformation to create dissonance.
5.

Ethics violations, such as advocating for your wife’s hire.
6.

Dismantling of The RED Center, the only connection to a university Haskell Indian Nations University can claim.
7.

A private bequest, used as Stephanie Birdwell’s private project account; $3M+ combined for both Haskell and Southwestern Indian Polytechnic Institute. (Specifically, why didn’t the money go to the congressional chartered non-profit the BIE helped establish for the purpose of raising money.)
8.

Central office’s support of the federal union, rather than its own managers. (Specifically look at the legal effects of dismantling the current negotiated bargaining unit for the entire BIE by setting precedent at Haskell). This doesn’t even speak to the impact on student’s lives.
9.

Expenditures for dialogue sessions where no one is allowed to talk except Central Office Staff: do these coincide with other travel and is Haskell paying for this idea?
10.

Dismantling of processes that promote fiscal accountability (saved $150K in food services to see it squandered now) and healthy lifestyles initiatives (try eating in the cafeteria now).
11.

Lack of follow through on Inspector General referrals for mismanagement of money (when directed by the Inspector General’s office to handle the matter).

You have many issues in Interior; I wonder where Native American Students fit in your priorities?

I realize that I will get a form letter back from your staff and that it is highly likely that you will never read this. I am forwarding copies to some of your colleagues in the hopes that someone finally takes the comments about personnel management and supervision seriously. I believe that Ms. Birdwell and others will suggest that you investigate me rather than look at these issues. I am hopeful you will do both.

I would welcome the opportunity to provide you with incidents.

Dr. Ted A Wright

Former Vice President of Haskell Indian Nations University.

Lawrence, Kansas"

Friday, August 7, 2009

Senate Committee on Indian Affairs & Job Training

Bravo to Rep Lynch, Stephen F. , MA; Rep Kaptur, Marcy OH; Rep Lipinski, Daniel IL; Rep Quigley, Mike IL; and Rep Shuler, Heath NC. These distinguished people had an issue and they came up with a solution. They needed (?) Native American Iron workers. Or they wanted them, or they just saw an opportunity to help some Indians in need of work. At any rate, they have begun the long legislative journey to provide a means to that end: H.R.1129.

H.R.1129
This fancy piece of social work just passed by the Senate Committee on Indian Affairs, and they liked it. This will provide (with "available" funds) an annual grant to someone, some corporation, some entity (National Training Center?) to train Indians how to become Iron Workers and then assist them with job placement. BRAVO! BRAVO!

Why didn't anybody do this instead of the current Non-Tribal-Contractor-Friendly Cadastral Surveying Program?

We can do that? We can provide necessary training for a specific need? We don't have to accept all these non-native contractors who will hold their hand out for money every year when we NEED cadastral surveys conducted? We don't have to accept State, County, and City Surveyors who are trained as CFEDS surveyors, and who also hold the distinction of having a conflict of interest as it relates to releasing the survey information publicly, and representing entities with whom we may have border disputes, and tax disputes? Wow!

Someone should make up a bill like this to replace the horrible CFEDS program. It's only feeding contractors annual jobs on our reservations and we get nothing more than a survey from it. We aren't becoming empowered; we really are at the mercy of a bunch of people, even within the federal government who will subvert our sovereignty, or who will release our National information to several government entities that never were empowered to sign treaties with us.

I'm sure that the Senate Committe on Indian Affairs would gladly look a bill like this over and pass it along. The Tribes would.

"Think outside the box because the box probably belongs to a contractor"

This isn't new; read more here:

Surveys on a reservation
A penny for your appraisal

A Grand Contracted Mess Yet More Motivations

President Obama's Contract Reform memo, a fix to the Grand Contracting Mess

Thursday, August 6, 2009

The ultimate insult to the Land Exchange

ok, here's a novel idea for those in the Puzzle Palaces across the United States who are looking for something good to do. For those who are at the level to effect some of the detrimental "policies," ruminate over this idea. If you're a Tribal member who is just trying to live, take a listen, think it over and just think how much better some of the things discussed on this blog would be if the policies were construed to really help the average Indian. If you had five minutes with Yvette Roubideaux, newly appointed Director of the Indian Health Service, would you consider discussing this? In Rapid City, Sioux San hospital is in a different IHS world. I know, I've been there. You have to wait hours to get in sometimes. That, however, is better than the lot most of us are dealt away from Sioux San, where we may wait days to get in to see a doctor, or in a few sad instances, the rest of our lives. This is our Indian version of a discussion on Health Care Reform.

The Indian Health Service Problem: Contract Health Services

Let's put some Indians out of jobs. That's all that some people will hear so let's just put that out there up front so at least it's acknowledged. We need to re-evaluate the money that is spent on contract health administration. The ADMINISTRATION of those funds is an area where we can make the greatest, quickest impact. Will we lose jobs? Yes. But when it comes to surgery, treatment, emergency room treatment, medication, dental work, the average Indian will take the treatment over some highly paid administrator's jobs.

When we have to literally be dying on the front steps of a clinic to get a referral for services that are not offered at the IHS clinic, it's high time to shift some of the money to the areas where it's needed. When we have to be the first one to call in the morning to get an appointment, it's time to re-think what injury means to the administrators. When you have to call the day before to get an appointment the next day, it's time to figure out how you're supposed to know if you're going to be sick the next day. When you have to wait weeks to have a dental crown finished, or when you have to go several days with a cavity because you weren't the first to call in for a same-day appointment, it's time to start requiring these highly paid administrators to stand in line at the IHS clinic with the rest of us when their teeth get a cavity. When several million dollars are sitting in reserve at any given IHS clinic, at any regional office, it's insulting that the IHS administrator will deny you a referral, will let you suffer, will let the condition worsen.

So, what to do, what to do? Centralize the process. Issue an IHS insurance card. Re-vamp the rules. If you're an Indian, you already know the obstacles to getting treatment. There is a ton of paperwork that needs to be completed....before you become injured, before a doctor places healing hands on you. If its not, well, guess who gets the bill when you heal? If you don't call within 72 hours of treatment, you get the bill. If you live outside your reservation, you have to prove economic ties to the community where you live, despite the fact that back home, your ancestors signed away land and asked that you receive medical treatment in exchange for that. If you're 18 and nobody ever explained this to you before you got injured, then IHS just saved several thousand dollars because you didn't jump through their hoops. If you never lived off your reservation and nobody explained the rules before you got injured after you moved to another reservation, the IHS Contract health workers will attempt to look woeful when they deny payment because you didn't fill out their paperwork BEFORE you got injured, despite the fact that you have lived in the area much longer than the minimum required as part of the "economic ties theory."

The agreement (treaty) stipulated that we'd exchange part of our land base for several provisions, chief among them, education, and medical treatment. These provisions were sealed in the battle-blood of our ancestors. They never envisioned, nor did they sign provisions, that an Indian Health service would take over the oversight of this health provision and put all kinds of obstacles in the way of meeting the U.S. government's obligation. Look at any treatment today.

We, the infirmed, the injured, the elders, have to "prove" we are "eligible" for treatment.

That wasn't in the treaty.

My grandfather's grandfather didn't expect this to be the way things were. They signed away part of their Native Land in exchange for several key provisions to take care of their grandchildren. They didn't expect for the same Indian Health Service to hold literally millions of dollars in "reserve" year after year after year. The cannons of treaty construction would mean that "reserves" should be construed for a "season," not for years after years after years.

If you read the CFR closely, Title 42 C.F.R 136.23, you will see that service will be provided to certain persons but the requirement for proof is not spelled out. In other words, it should, as any legal eagle will tell you, rest on the Federal government to prove that you are not eligible. There is no provision in the law that stipulates that the person will be penalized with a bill if they do not report their status prior to becoming injured within the boundaries of a service area other than their own service area, even though they have met the economic ties definition and have lived there long enough.

Or, Or, Or...§ 136.25 Reconsideration and appeals. (a) Any person to whom contract health services are denied shall be notifiedof the denial in writing together with a statement of the reason for the denial. ... and then:
(1) May obtain a reconsideration by the appropriate Service Unit Director of the original denial if the applicant submits additional supporting information not previously submitted...

That doesn't always happen, especially if you are dealing with a Contract Health Administrator who is charged with protecting a budget.

So, let's remove several highly paid administration offices, and centralize the process. Issue an IHS insurance card to every tribal member. Then pay the bills to meet the obligation that the United States signed on to in the treaty. The money follows the card, no matter where the tribal member lives. Even if they go to Haskell Indian Nations University, from an off-reservation address, their medical bills will be paid for by the United States in honor of our ancestors' wishes when they signed away some of their land base.

If Yvette Roubideaux was serious about "bringing reform to the IHS and improving the quality of and ACCESS to health care in the IHS," maybe this is a good starting place to generate some ideas about some out-of-the-box crazzzy version of change. Then again, if some crazy lunatic puts another rider on any congressional action, and somebody else is asleep at the wheel again, maybe nothing will change. Maybe Indians will continue to wait for surgeries, continue to wait for dental treatment, continue to wait to see specialists that the IHS doesn't have on staff. Maybe Contract health administrators will continue to get raises for going "under budget" and storing more away in the IHS reserves. Doesn't that seem strange? They do a "good job" by not expending funds that are set aside for our healthcare. Put it all on an IHS charge card and you will find out exactly how much it really costs to uphold the treaty provision. Something needs to change because at this rate we're not going to be getting any better all by ourselves.

"If we're not doing well in certain areas what can we do to make improvements..."

Shake the tree and see what fruit appears, I'm sure we'll all appreciate it.

Saturday, June 27, 2009

Kimberly Teehee is actually the #2 position in Indian country

Jackie Johnson Pata said [Kim Teehee's] job was really going to hone in on those [domestic] policy issues. Pata also said, Kim's job was like the No. 1 position in Indian Country.

Well that was before Larry Echohawk's second [or were there more?] swearing in ceremony, after which Larry issued his first editorial declaring that "The historical Cherokee Nation as it existed in 1934 no longer exists as a distinct political entity."

Echo Hawk declared a new nation, a new government, a new-tribe-that-will-have-to-negotiate-a-treaty-because-they-didn't-exist-before, until now, when Larry says they do! Larry presented the "New and Improved" Cherokee Nation with two governments for the price of none! A drum roll should have played before he declared the C-N-O! The Cherokee Nation of Oklahoma and the United Keetoowah Band!

Wow! Shiny enit?

So, I'm curious, if Kim Teehee is No.1, what does she do if an "underling" declares her tribe "moot?" If there is no Historical Cherokee Tribe, since he just dissolved it in his own mind, which tribe does Kim Teehee declare herself a part of? And how does Larry handle the real No.1 position in Indian Country from such a long distance from the President's desk?

Now I'm confused, is there a historical Cherokee Tribe and if it did "sunset" doesn't that mean that since it dissolved, they don't have trust status? If it dissolved, they don't have a government-to-government relationship with the Federal Government right? So, if it really did dissolve before our very eyes, Larry Echo Hawk just outran Congress in the race to dissolve a Tribe.....wow.......he's quick.

Didn't a past BIA employee declare plenary decision-making over tribal governments such as the Northern Cheyenne? Are we right back where we were trying to get away from? Wow, he does work quickly.

Have a "nice" day, and thank you for visiting the "historical" Cherokee Tribe formerly known as a sovereign nation, declared "moot" by a second and successive Assistant Secretary of Indian Affairs, Larry Echo Hawk.

Friday, February 20, 2009

Amen to expressing a Native American's point of view

Talk Left .com ran an article during the recent presidential campaign.
It is relevant to discussing any of the appointments in President Obama's Administration.

Accordingly, it is also relevant that Native Americans should be following the appointments at every level of government. Question the footprints left in the appointees' history, not the person who made the footprints.

That's all this is about. And it's all that Evon Peters was purported to have been talking about: ("It's unfortunate that across America, our communities don't tend to dig deeper into the actual decisions that different leaders have made in their previous offices. ... My hope is that Native American people will be inspired to look into all candidates' track records on the tribal, state and national level.")

It's a recurrent issue: looking at who will have an impact on our way of life. Maybe we can be forgiven for pointing out the significant facts that are related to the people who the Federal Government appoints to serve the relationship between Native America and the Federal Government.

It would seem an easy thing to say that Heather Kendall-Miller fits the bill for evaluating how the Federal Government nurtures the relationship between Native America and the Federal Government.

http://www.adn.com/adn/features/indian_country/05a5.html
http://www.pbs.org/newshour/bb/environment/july-dec08/alaskawarming_07-10.html
http://www.people.com/people/archive/article/0,,20124560,00.html
http://www.hks.harvard.edu/hpaied/people/miller.htm